An emergency stay is a temporary order that suspends the effect of a lower court decision while the losing party appeals. It preserves the status quo — preventing a ruling from taking effect before higher courts can review it. Any party that lost below can request one, but courts grant them sparingly.
At the Supreme Court, emergency stay applications follow Rule 23. A single justice can grant a stay or refer the application to the full Court. To win a stay, the applicant must show a likelihood of success on the merits, irreparable harm without the stay, that the balance of hardships favors relief, and that the public interest supports it — the same four factors used for preliminary injunctions.
Emergency stays have become a regular feature of high-stakes litigation. In cases involving executive orders, redistricting maps, or agency rules, a stay determines which version of the law applies while the case works through the courts — a process that can take years. Because the "status quo" a stay preserves can itself be politically charged, the decision to grant or deny a stay often matters as much as the eventual ruling on the merits.
Emergency stays determine what happens on the ground while courts deliberate. A stay can keep a policy in effect for years before a final ruling, meaning the court's emergency decision — not its eventual opinion — often shapes the practical outcome for the people affected.
People sometimes confuse an emergency stay with a final ruling. A stay doesn't decide who's right — it just presses pause. The underlying case continues, and the stay can be lifted at any time. A court can grant a stay and still rule against the applicant when the case is fully decided.
Emergency stays determine what happens on the ground while courts deliberate. A stay can keep a policy in effect for years before a final ruling, meaning the court's emergency decision — not its eventual opinion — often shapes the practical outcome for the people affected.
People sometimes confuse an emergency stay with a final ruling. A stay doesn't decide who's right — it just presses pause. The underlying case continues, and the stay can be lifted at any time. A court can grant a stay and still rule against the applicant when the case is fully decided.